Malpractice claim against U of M dismissed for lack of notice within six months of injury
The Estate of Sandra Marquardt sued the University of Michigan after Marquardt allegedly died of complications from mitral valve surgery. The Court of Claims has jurisdiction over all personal injury claims against State agencies or departments because at common law all state actors were immune from liability for negligence. Under the statute adopted to allow claims to be pursued in limited circumstances, legal notice must be provided to the state within six months of the state actor's negligent conduct.
The Court interpreted the statute to require Marquardt to have filed a notice of claim within six months of her allegedly negligent surgery, even if she was incapacitated during that period, and regardless of whether the lack of immediate notice caused prejudice to the Defendant. Since Marquardt did not provide this notice, her Estate's wrongful death claim was dismissed with prejudice.